APPENDIX B1-21030930_Permits.pdf

NWP-2013-172-1 Page 1 of 10

DEPARTMENT OF THE ARMY PERMIT

Permittee: United States Coast Guard (USCG) 1301 Clay Street, Suite 700N Oakland, CA 94612

Permit No: NWP-2013-172-1

Issuing Office: U.S. Army Corps of Engineers, Portland District

NOTE: The term "you" and its derivatives as used in this permit means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The applicant will perform maintenance dredging at the USCG MSU Portland basin within the Willamette River and Swan Island Basin. Up to a total of 3,000 cubic yards (cy) of sediment will be dredged from below the ordinary high water mark (OHWM) of the Willamette River over two dredging events within a 10-year period.

An initial dredge event will remove up to 160 cy of sediment from a 685-square-foot basin in the western dredge area and up to 400 cy of sediment from a 4,243-square-foot basin in the eastern dredge area. The basin will be dredged to a maximum depth of -12 feet Columbia River Datum (CRD) which includes a 2-foot over dredge allowance.

The applicant will discharge up to 100 cy of clean sand below the OHWM of the Willamette River to create a 1-foot sand cover (cap) after reaching -12 feet CRD depth, to temporarily contain potential contamination from the post-dredge surface layer. Sand will be placed on the post-dredge surface outside of the 2024 dredge area. Sand may be placed in the eastern and western portion of the 2024 dredge area pending post-dredge sampling of the surface. Post-dredge sampling will occur in the western portion of the 2024 dredge area to determine if additional post-dredge surface management is required.

The applicant will complete the dredging activity using either a mechanical clamshell method or a hydraulic method, such as suction dredging, that will send the material via pipe to a barge to contain excavated materials. The excavated material will be placed on the deck of the barges and dewatered using barge scuppers and filtration, then transported to the upland disposal site via truck. Barges will be assembled and docked when not in use on the shore on the downstream side of the USCG MSU Portland.

In addition to the event described above, a second event will be conducted if sediment in-

NWP-2013-172-1 Page 2 of 10 fill occurs within the dredge area more quickly than anticipated. The additional dredge event will dredge up to 2,440 cy of sediment from the basin. The work will be conducted using mechanical or hydraulic dredging to a depth of -12 feet CRD which includes the 2-foot over dredge allowance.

Purpose: The applicant’s stated purpose is to complete dredging activities to safely maintain design depths with 2 feet of over depth for vessels at the United States Coast Guard Marine Safety Unit Portland (USCG MSU Portland) in Portland, Oregon.

Project Location: The project is proposed in Willamette River/Swan Island Basin at river mile 7.5 located at 6767 N Basin Avenue in Portland, Multnomah County, Oregon at Latitude/Longitude: 45.5708°, -122.72286°.

Drawings: Six (6) pages (Attachment 1)

Permit Conditions:

General Conditions:

1. The time limit for completing the work authorized ends on ___________. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition No. 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit.

For your convenience, a copy of the certification is attached if it contains such conditions

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(Attachment 2).

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

a. Permittee shall notify the U.S. Coast Guard District Thirteen of the project by email at D13-SMB-D13-LNM@uscg.mil at least 14 days prior to commencing work, so the project information can be issued in the Local Notice to Mariners.

b. Permittee shall provide a copy of the permit transmittal letter, permit form, and permit drawings to all contractors performing any of the work authorized by this permit. A copy of the permit shall be available on the vessel(s) used in the transport and disposal of dredged material.

c. Permittee shall submit all dredging/disposal-related notifications and reports to the U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch by email to cenwp.notify@usace.army.mil and the email subject line shall include: NWP-2013-172- 1, Multnomah County, Dredging. If you are submitting files larger than 20 MB, contact your county Regulatory Project Manager for instructions. Please Cc the Portland District Sediment and Evaluation Team at PSET.Lead@usace.army.mil and U.S. EPA Region 10 at young.hunter@epa.gov in the email.

d. At least 14 days prior to beginning dredging, you shall submit to the U.S. Army

Corps of Engineers, Portland District, Regulatory Branch, a dredging and disposal plan for the authorized dredging and disposal. This plan must include: the Corps permit number, dredging contractor’s name and contact information, proposed dredging schedule, proposed dredged equipment and methodology, method and equipment for dredging and disposal positioning procedures, water quality monitoring and spill control procedures, debris management procedures, and report submittal schedule. The plan must be approved by the Corps prior to the commencement of dredging.

e. At least 14 days prior to beginning dredging, you must contact the U.S. Army

Corps of Engineers, Portland District, Regulatory Branch Project Manager, by telephone,

(503) 808-4337, to schedule a Pre-dredge Meeting.

f. At least 7 days prior to dredging, you, the dredging contractor, U.S. Army Corps of Engineers representatives, and Oregon Department of Environmental Quality representatives shall attend a Pre-dredge Meeting to review the Department of the Army permit conditions, dredging operations and quality control plan and the water quality certification.

g. The work authorized by this permit includes periodic maintenance dredging. The

NWP-2013-172-1 Page 4 of 10 special conditions in this permit apply to each maintenance dredging activity. Permittee shall notify the U.S. Army Corps of Engineers, Portland District, Regulatory Branch at least 14 days prior to beginning each maintenance dredging event.

h. Permittee shall not allow any water or dredged material placed in a hopper dredge or disposal barge or scow to overflow or leak from such vessels during transport to the dredged material disposal site.

i. If dredging cannot be completed prior to January 2029, you shall coordinate with the Portland Sediment Evaluation Team (PSET) to obtain a determination regarding the need to re-characterize the dredged material. Coordination with PSET shall be initiated at least 9 months prior to January 2029.

j. At least 4 months prior to each maintenance dredging activity, you shall coordinate with the Portland Sediment Evaluation Team (PSET) to determine whether additional sediment characterization is required. If additional characterization is required, no dredging or in-water disposal is allowed until the material has been determined suitable by the PSET and the dredging and disposal is approved by the District Engineer.

k. Permittee shall conduct a pre-dredge bathymetric survey of the proposed dredging site. Plotted results of the pre-dredge bathymetric survey, to include plan and section views, shall be submitted to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch in PDF format at least 30 days prior to the start of dredging. Results must clearly display the pre-dredge sediment surface in relation to the permitted dredge boundary and depth, as well as the location of project features such as docks, wharfs and other landmarks. The vertical datum must be clearly indicated. Full bathymetric survey data must be submitted upon request.

l. Permittee shall conduct a post-dredge bathymetric survey of the dredged site.

Plotted results of the post-dredge bathymetric survey, to include plan and section views, shall be submitted to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch in PDF format within 60 days of the completion of dredging. Results must clearly display the post-dredge sediment surface in relation to the pre-dredge sediment surface and the permitted dredge boundary and depth, as well as the location of project features such as docks, wharfs and other landmarks. The vertical datum must be clearly indicated.

Full bathymetric survey data must be submitted upon request.

m. Permittee shall conduct a post-disposal bathymetric survey of the disposal site.

Plotted results of the post-disposal bathymetric survey, to include plan and section views, shall be submitted to the U.S. Army Corps of Engineers, Portland District, Regulatory Branch in PDF format within 60 days of the completion of dredging and disposal. Results must clearly display the pre-disposal sediment surface and the post-disposal sediment surface, as well as the disposal site boundaries and the site location in relation to other features or landmarks (e.g., navigation channel boundary). The vertical datum must be clearly indicated. Full bathymetric survey data must be submitted upon request.

n. Any deviations from the authorized dredging area or depths or deviations from

NWP-2013-172-1 Page 5 of 10 the authorized dredged material disposal shall be reported to the Regulatory Branch Project Manager within 24 hours of discovery.

o. Permittee shall prepare and submit a post-dredge/post-disposal report to the

U.S. Army Corps of Engineers, Portland District, Regulatory Branch within 60 days of completion of dredging and disposal. The report shall include dates the dredging and disposal commenced and was completed, the method of dredging, the total quantity dredged, total dredged depth, the total area dredged (acres), the total quantity disposed at the in-water disposal site(s), the total quantity disposed at the upland disposal site(s),a location record log with the barge/scow position at the time of each disposal, a description of any deviations from the authorized work (e.g., overdepth dredging), a summary of debris management, and pre/post bathymetric surveys of the dredging site and pre/post bathymetric surveys of the disposal site description of the management/disposal of contaminated sediments, management and treatment of return water. Bathymetric surveys required by special conditions k-m should be included in the report.

p. Dredged material found unsuitable for unconfined in-water disposal shall be deposited at an upland site, and be in compliance with rules and regulations promulgated by the local health district, Oregon Department of Environmental Quality (DEQ) and the landfill operator. At least 14 days prior to the commencement of dredging the location of the disposal site shall be provided to the U.S. Army Corps of Engineers (Corps), Portland District, Regulatory Branch by e-mail to cenwp.notify@usace.army.mil and the email subject line shall include: NWP-2013-172-1, Multnomah County, and to the DEQ by email at 401applications@deq.oregon.gov. Return water from dredged material to waters of the United States is prohibited without engineering controls approved by the Corps and DEQ.

q. Dredged material transferred from a barge to uplands for disposal shall not be allowed to re-enter waters of the United States. Appropriate plates, containers and/or drip pans shall be used to catch and collect material during offloading to prevent material from entering waters of the United States.

r. Post-dredge surface management is required for stations MSUP-02LZ (pending post-dredge sampling), MSUP-03LZ, and MSUP-04ZL. These sites require a sand cap consisting of 12 inches of clean sand. Post-dredge sampling of MSUP-02ZL may reduce the area requiring management. Post-dredge sampling and post-dredge surface management must be coordinated with PSET and EPA Cleanup as part of the dredging and disposal plan.

s. The Permittee shall perform laboratory analyses on imported material intended for the one-foot sand cap (<100 CY). The results of analytical testing on imported fine-grained material intended for placement in the Portland Harbor Superfund Site should include all contaminants that have River Bank Soil/Sediment Cleanup Levels in Table 17 of the Record of Decision and analytical results should be compared with the applicable Portland Harbor Cleanup Levels.

Earlier in 2020, ROD Table 17 was modified in an errata memorandum that can be found on EPA’s website: https://semspub.epa.gov/work/10/100200076.pdf. The

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Errata #2 Table 17 supersedes the ROD Table 17.

Appropriate analytical methods should be used to ensure that laboratory reporting levels are below ROD Errata #2 Table 17 Cleanup Levels to allow for a meaningful comparison to the data. If adequate documentation can be provided to EPA Cleanup substantiating that the import material is being sourced from a clean quarry free of anthropogenic inputs, then analytical testing of metals will only be required in lieu of the full list of ROD Table 17 COCs.

EPA Cleanup recommends samples be collected at a frequency of one sample per 500 cubic yards of fine-grained import material. Sample numbers per volume of import material may be adjusted on a site-specific basis.

Tabulated lab data and analytical reports are to be provided within 30 days prior to placement to EPA, Region 10 at young.hunter@epa.gov. Data tabulation should follow Section 6 of the Portland Harbor Program Data Management Plan which can be found at EPA’s website: http://ph-publicdata.com/document/DMP2021/

t. This Corps permit does not authorize you to take an endangered species in particular those species identified in Attachment 3. In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a biological opinion (BO) under ESA Section 7, with “incidental take” provisions with which you must comply). The United States Coast Guard is the lead federal agency for ESA consultation for this project. The enclosed BO prepared by the National Marine Fisheries Service (NMFS), dated May 23, 2024, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the “incidental take” that is also specified in the BO (NMFS Reference Number WCRO-2023-00130). Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached Attachment 3, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance with your Corps permit.

The NMFS is/are the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

u. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described

NWP-2013-172-1 Page 7 of 10 above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972

(33 U.S.C. 1413).

2. Limits of this Authorization:

a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

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a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

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Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

(PERMITTEE SIGNATURE) (DATE)

(PRINTED NAME) (TITLE)

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

FOR THE COMMANDER, LARRY D. CASWELL, JR., PE, PMP, COLONEL, U.S. ARMY,

DISTRICT COMMANDER and DISTRICT ENGINEER:

Melody White (DATE) Chief, Portland Permits Section Regulatory Branch

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When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign below.

PERMIT TRANSFEREE:

Transferee Signature DATE

Name (Please print)

Address

City, State, and Zip Code

CENWP-NVW-W (Sediment Quality Team) 16 July 2024 EPA-Region 10 Cleanup Program ODEQ Cleanup Program

Memorandum for: Portland District, Regulatory Branch (CENWP-ODG-P, Woods), Regulatory File No. NWP-2013-172-1 (U.S. Coast Guard, Marine Safety Unit, Portland).

Subject: Portland Sediment Evaluation Team (PSET) and U.S. Environmental Protection Agency’s Region 10 Cleanup Program (EPA Cleanup) joint Level 2A dredged material suitability determination for maintenance dredging of the U.S. Coast Guard (USCG) Marine Safety Unit (MSU) Portland in the Swan Island lagoon at river mile (RM) 8 of the Willamette River, in Portland, Multnomah County, Oregon.

Introduction: Per the 2018 Sediment Evaluation Framework for the Pacific Northwest (SEF)1, this suitability determination memorandum (SDM) documents the consensus of the PSET agencies regarding the suitability of the dredge prism (DP) and post-dredge surface (PDS) sediments in the maintenance dredging project for unconfined, aquatic placement and unconfined, aquatic exposure, respectively. The PSET reviewed BB&E’s Sediment Characterization Report for Maintenance Dredging at United States Coast Guard Marine Safety Unit, Portland, Oregon (SCR)2, dated May 2024 and prepared for the USCG. Sediment chemistry testing results are summarized in the SCR; the chemical analytical results were compared to the freshwater benthic toxicity screening levels (SEF SLs) published in the 2018 SEF. The PSET used Oregon Department of Environmental Quality’s (ODEQ’s) sediment screening level values (SLVs) for freshwater fish to evaluate PCBs and dioxins/furans3.

EPA Cleanup also evaluated the project sediments under the January 2017 Portland Harbor Superfund Site – Record of Decision (ROD)4. The MSU Portland facility is located in the ROD area (Willamette River, RM 1.9-11.8). This memorandum documents EPA Cleanup’s determination regarding the suitability of sediments in the project area. The dredged materials are proposed for disposal at an upland landfill. Therefore, EPA Cleanup did not evaluate the suitability of the dredged materials. EPA Cleanup compared the chemical analytical results to the Site Wide Remedial Action Levels (RALs) and Principal Threat Waste (PTW) thresholds (ROD Appendix II, Table 21). In 2019 EPA issued an Explanation of Significant Differences (ESD) for the Portland Harbor Superfund Site which includes an update to ROD Table 21. The ESD can be found on EPA’s website: https://semspub.epa.gov/work/10/100194028.pdf.

1 U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Washington Department of Ecology, Washington Department of Natural Resources, Oregon Department of Environmental Quality, Idaho Department of Environmental Quality, National Marine Fisheries Service, and U.S. Fish and Wildlife Service. 2018. Sediment Evaluation Framework for the Pacific Northwest. Published May 2018, by the U.S. Army Corps of Engineers, Northwestern Division, 183 pp with Appendices.

2 BB&E. 2024. Sediment Characterization Report for Maintenance Dredging at United States Coast Guard Marine Safety Unit, Portland, Oregon. Prepared May 2024 by GSI for the Port of Portland, 379 pp with Tables, Figures, and Appendices.

3 Oregon Department of Environmental Quality. 2007. Guidance for Assessing Bioaccumulative Chemicals of Concern in Sediment. Updated April 3, 2007 by ODEQ Environmental Cleanup Program, 18 pp with Appendices.

4 U.S. Environmental Protection Agency, Region 10. 2017. Record Of Decision – Portland Harbor Superfund Site, Portland, Oregon. Issued by EPA Region 10, January 2017, 146 pp + appendices.

PSET Suitability Summary:

Dredge Prism Sediments: ☐ Suitable ☒ Unsuitable Post-dredge Surface (PDS): ☒ Suitable (1Z, 2Z [post-dredge sampling required]) ☒ Unsuitable (3Z, 4Z)

EPA Cleanup Suitability Summary:

Dredge Prism Sediments: Not applicable (upland disposal planned) Post-dredge Surface (PDS): ☒ Suitable (1Z, 2Z [pending post-dredge sampling], 3Z, 4Z) ☐ Unsuitable

Table 1. Suitability Summary

DMMU Dredge Prism Post-Dredge Surface 2024 dredge area Unsuitable* Suitable (1Z, 2Z [post-dredge sampling]) Remaining dredge area Unsuitable* Unsuitable (3Z, 4Z)^

* Biological testing required to further evaluate unconfined, aquatic placement.

^ Post-dredge surface management required.

Reviewers: The PSET agencies include the U.S. Army Corps of Engineers (Corps), Environmental Protection Agency – Region 10 (EPA), National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife (USFWS), Washington Department of Ecology (Ecology), and ODEQ. EPA Cleanup staff and contractors also reviewed the SCR. The sediment evaluation review timeline appears in Table 2, below. The reviewers for this project included:

☒ James Holm (Corps, PSET Lead) ☒ Bridgette Lohrman (EPA, PSET Co-Lead) ☒ Dominic Yballe (Corps) ☒ Pete Anderson (ODEQ) ☐ Laura Inouye (Ecology) ☒ Tom Hausmann (NMFS) ☒ Jeremy Buck (USFWS) ☒ Robin Van Meter (USFWS) ☒ Hunter Young (EPA) ☒ Sarah Greenfield (ODEQ)

SEF/EPA Cleanup Special Condition Categories:

☒ Data Recency Expiration - Based on a “moderate” management area rank, coordinate with the EPA Cleanup and PSET at least 9 months prior to January 2029 to determine the need to re-characterize the dredged material and post-dredge surface.

☒ Upland disposal of dredged materials unless SEF Level 2B biological tests are performed and pass SEF criteria. Biological testing (bioassays, bioaccumulation) is required if aquatic placement is pursued. Level 2B testing must be coordinated with the PSET and EPA Cleanup.

☒ Pre-dredge and post-dredge hydrographic surveys of the dredge areas within 60 days of work.

☒ Due to elevated concentrations of contaminants of concern, post-dredge surface management for stations MSUP-02LZ (pending post-dredge sampling), MSUP-03LZ, and MSUP-04ZL (i.e. over-dredge and/or place 12 inches of clean sand) is needed. Pre and post-cover placement hydrographic surveys are required. Post-dredge sampling of MSUP-02ZL may reduce the area requiring management. Post-dredge sampling and post-dredge surface management must be coordinated with PSET and EPA Cleanup as part of the dredging and disposal plan.

☒ Submit dredging and disposal quality control plan for review and approval to EPA Cleanup, ODEQ, Corps Regulatory PM and PSET at least 28 days prior to dredging. A pre-dredge conference call with EPA Cleanup, ODEQ, Regulatory PM, and PSET is required at least 14 days prior to dredging. The dredging and disposal quality control plan must be developed and submitted to the Regulatory PM at least 14 days prior to the call. Dredging, sequencing, positioning, post-dredge confirmation testing, PDS management, cover material testing, and disposal will all need to be addressed with enough detail to provide assurance to the agencies that the dredge and disposal plans will be properly implemented.

☒ Submit a post-dredge and disposal report to EPA Cleanup, ODEQ, Regulatory PM, and

PSET approximately 60 days after completion of each dredging event. The report shall detail the dredging and disposal dates, dredging and disposal locations, dredging and disposal volumes, acreages, dredge depths, debris and biological observations, cover testing results, and PDS management. Photographs, lab reports, figures and hydrosurveys shall be included.

☒ Coordination with EPA Cleanup for work in the Portland Harbor Superfund Site.

*** The PSET requests the Regulatory PM provide electronic copies of the Corps permit (NWP- 2013-172-1) and the 401 water quality certifications for our files ***

Table 2. Review Timeline Draft SAP received by PSET 11 October 2023 SAP revisions requested by PSET 25 October 2023 Revised SAP5 received by PSET 22 November 2023 SAP approval email6 issued by PSET 8 December 2023 Pre-sampling conference call 8 January 2024 Dredging depth clarifications submitted to PSET 9, 23 January 2024 Sampling date(s) 31 January 2024 Draft SCR received by PSET 9 May 2024 SCR Revisions requested by PSET 24 May 2024 Final SCR received by PSET 31 May 2024 SDM submitted to Regulatory PM 9 July 2024 Project management area rank Moderate Data recency determination* 5 years (resample by January 2029)

* If site conditions or the proposed project change, or if new information related contaminants of concerns is discovered, additional coordination with PSET, EPA Cleanup, and ODEQ Cleanup is required to re-verify SDM.

Federal Regulatory Authorities:

Section 10, Rivers and Harbors Act Section 404, Clean Water Act (CWA) Section 401, CWA Section 7, Endangered Species Act Section 305 of the Magnuson-Stevens Act

5 BB&E. 2023. Sediment and Analysis Plan for Maintenance Dredging at United States Coast Guard Marine Safety Unit, Portland, Oregon. Prepared by BB&E, November 2023, 41 pp with tables and appendices.

6 PSET. 2024. PSET Review: Joint SAP Approval USCG MSU Portland (NWP-2013-172-1) WRM 8. E-mail sent by J. Holm (PSET Lead, Corps) on December 8, 2023. 3 pp with attachment.

Fish and Wildlife Coordination Act Section 103, Marine Protection, Research and Sanctuaries Act Comprehensive Environmental Response, Compensation, and Liability Act

Project Description: Table 3 summarizes the USCG’s MSU Portland dredging project. The dredge depth is -12 feet Columbia River Datum (CRD) to accommodate operational depths. The MSU Portland dredge areas (2024, overall), existing contours, dredged material management unit (DMMU), sediment core sampling locations, and elevated sediments concentrations appear in SCR Figure 4 (SDM Figure 1).

Table 3. Project Details Project location (latitude, longitude) 45.570578°N, -122.2730837°W Waterbody/river mile (RM) Willamette River / 8 (east bank, Swan Island lagoon) Total proposed dredging volume (cy) 2024 area: 160 (west), 400 (east); Overall: 3,000 Dredge area (square feet) 2024 area: 690 (west), 4,200 (east); Overall: 51,000 Max. proposed dredging depth (ft. CRD) -12 (-10 + 2 ft overdepth allowance) Dredging method Environmental, close-lipped clamshell Dredged material transport Barge and tug Proposed disposal location Upland landfill (Hillsboro Landfill) Proposed dredging date(s) In-water work window (July 1 to October 31) Dredged material mgmt. units (DMMUs) 1 with 4 stations

Site History: See SAP Section 3.0. The site was built in 1973 and had one small dredge event in 2016. The PSET issued a Level 2A/2B suitability determination on 24 March 2015 stating the dredged materials were suitable for unconfined, aquatic placement. However, the dredged materials were placed upland. Post-dredge sampling was required. The PSET assigned a rank of “Moderate” to the site in 2015. The 2016 dredge event included 1,000 cy of removal to -13 feet CRD for the Bluebell berth. Clean sand was placed to a thickness of 12 inches due to elevated contamination.

Sampling and Analysis Plan Description: The sampling and analytical plan for the USCG’s MSU Portland maintenance dredging project is summarized in SDM Table 4.

Table 4. Project Sampling and Analysis Description

Sampling Description Sample collection method Vibracore

DMMU ID MSUP

DP Sample ID MSUP-COMP Z-layer Composite Sample ID MSUP-ZL Z-layer Discrete Sample IDs MSUP-01ZL, MSUP-03ZL, MSUP-04ZL† Proposed DMMU volume (cy) 3,000 Dredge depth (ft CRD) -12 (-10+2 ft overdredge)

D re d ge

P ri sm

Depth range, actual (ft CRD) -8 to -12 Composite (Y/N) Y DP Subsamples 4 Sub Archive (Y/N) Y

P os t- D re d ge

S ur fa ce

Depth range, actual (ft CRD) -12 to -14† Composite (Y/N) Y Z-layer Subsamples 3† Sub Archive (Y/N) Y

Sediment Physical and Chemical Analyses (No. DP / No. Z-layer) Grain size 1/1 Total solids 1/1 Total volatile solids 1/1 Total organic carbon 1/1 Metals, including mercury 1/1 Semi volatile organic compounds (PAHs, phthalates, phenols, misc. extractables)

1/3† cPAHs* - /3† Pesticides 1/3† Total DDx* - /3† Polychlorinated biphenyls (Total Aroclors) 1/3† Butyltins 1/1 Total petroleum hydrocarbons (dx, rx) 1/1 Dioxins/furans 1/3†

Biological Testing Description (No. DP / No. Z-layer) Freshwater Bioassays and Bioaccumulation (Y/N) N

* = Analyses required by EPA Cleanup under the ROD for Portland Harbor. † = Only 3 of the 4 stations collected Z-layer materials for analysis.

SAP Deviations: The following deviations from the approved SAP were listed in Section 2.2.8 of the SCR:

1. The target dredge depth was changed to -12 feet CRD including 2 feet of overdredge due to an incorrect datum conversion. PSET approved this deviation on 23 January 2024.

2. The 2024 dredge area within the overall DMMU was revised and station MSUP-02 was moved into the 2024 dredge area.

3. Three core attempts were made at station MSUP-02 and refusal was met on each attempt, as well as <75% core recovery. The third core attempt was keep because it had the longest core recovered (2.9 ft). It was incorporated into the dredge prism composite sample. No Z-layer was collected.

4. In SCR Section 3.3.10, ammonia and total sulfides were dropped from the analytical suite because bioassays were not proposed. The PSET Lead agreed with BB&E on this change on 25 October 2023.

Results: SDM Tables 5 (composite samples) and 6 (discrete Z-layer samples) summarizes the MSU Portland physical and chemical testing results for the dredge prism (DP) and post-dredge surface (PDS) materials, respectively. All chemical analytical results were compared to the 2018 SEF freshwater SLs. The discrete post-dredge surface (Z) sample results were compared to EPA Cleanup’s Site Wide RALs and PTW thresholds (see SDM Table 6). All PCB and dioxin and furans data were also compared to ODEQ’s freshwater fish SLVs to evaluate potential bioaccumulative risk.

The grain sizes in the dredge prism are 68% sand, 24% silt, 6% gravel, and 2% clay with TOC at

1.5%. The grain sizes in the PDS are 73% sand, 19% silt, 5% clay and 4% gravel with TOC at 0.8%.

Dredge Prism Materials The DP material had several exceedances of SEF SL1 and ODEQ SLVs, including a heavy metal, an SVOC, PCB total Aroclors. and dioxins/furans as shown in SDM Table 5.

Nickel was detected at 27.0 mg/kg which minimally exceeded the SEF SL1 of 26.0 mg/kg.

The elevated DP result for nickel is below ODEQ’s 2018 metal background soil concentration for the Portland Basin7 of 47 mg/kg.

4-methylphenol was detected at 338 ug/kg which exceeds the SEF SL of 260 mg/kg.

Total PCB Aroclors have an estimated concentration of 90.0 ug/kg (J) which exceeds the bioaccumulative SLV of 22 ug/kg.

Dioxins and furans have an estimated concentration of 6.37 ng/kg (J, ND = 0) for the

2,3,7,8-TCDD TEQ which exceeds the PSET’s 10 times bioaccumulative SLV of 5.6 ng/kg. The estimated concentration for 2,3,7,8-TCDD TEQ increased to 6.88 ng/kg (J) with non-detections included as ½ EDL.

Post-Dredge Surface Materials As shown in SDM Table 5, the PDS composite sample (MSUP-ZL) also had elevated nickel (28.3 mg/kg) and 2,3,7,8-TCDD TEQ results. However, the elevated PDS result for nickel is below ODEQ’s 2018 metal background soil concentration for the Portland Basin of 47 mg/kg. The 2,3,7,8-TCDD TEQ result (6.08 ng/kg, J, ND = ½ EDL) exceeds the PSET’s 10 times bioaccumulative SLV (5.6 ug/kg). The 2,3,7,8-TCDD TEQ estimated result with ND = 0 was

5.59 ng/kg (J).

Discrete PDS results are shown in SDM Table 6.

No parameters exceeded SEF SLs, ODEQ’s SLVs, ROD RALs, or ROD PTW screening criteria at station MSUP-01ZL.

No discrete PDS sample was collected at station MSUP-02ZL.

At station MSUP-03ZL, the MRL (39.8 ug/kg, U) for di-n-octyl phthalate minimally exceeded the SEF SL (39 ug/kg) but the MDL (33.0 ug/kg, U) was below the SEF SL.

Additionally, 4-methylphenol was detected a 342 ug/kg which exceeded the SEF SL of 260 ug/kg. Total PCB Aroclors was detected at 35.1 ug/kg which exceeds ODEQ’s bioaccumulative SLV of 22 ug/kg.

At station MSUP-04ZL, the MRL (42.8 ug/kg, U) for di-n-octyl phthalate exceeded the SEF SL (39 ug/kg) but the MDL (38.9 ug/kg, U) was below the SEF SL. Additionally, 4-methylphenol was detected a 1,150 ug/kg which exceeded the SEF SL of 260 ug/kg. The 2,3,7,8-TCDD TEQ (ND = ½ EDL) result of 54.9 ng/kg (J) exceeds the PSET’s 10 times bioaccumulative SLV (5.6 ng/kg). However, the result with ND = 0, the 2,3,7,8-TCDD result is 2.67 ng/kg (J) which is below the 5.6 ng/kg SLV.

7 ODEQ. 2018. Fact Sheet: Background Levels of Metals in Soil for Cleanups. Prepared by ODEQ Cleanup Program, Updated 25 January 2018, 4 pp.

The post-dredge surfaces did not exceed any ROD RALs or PTW thresholds. However, station MSU-02ZL was not sampled and the overlying dredge prism had elevated PCB total Aroclors (90.0 ug/kg, J) exceeding the ROD site wide RAL (75.0 ug/kg). Post-dredge sampling for PCB total Aroclors is required to confirm exposure suitability.

Discussion / Suitability:

PSET: Based on a detected concentrations for 4-methylphenol, PCB total Aroclors, and 2,3,7,8- TCDD TEQ exceeding the SEF SL or ODEQ’s SLVs in the dredge prism composite sample, the dredged materials are not suitable for unconfined aquatic placement without additional testing per the SEF.

The post-dredge surface composite sample had two analytes (nickel and 2,3,7,8-TCDD TEQ) detected above SEF SL or ODEQ’s SLV. However, the nickel concentration is below ODEQ’s background concentration.

In the discrete PDS samples, no exceedances were found in sample MSUP-01ZL. Additionally, its 2,3,7,8-TCDD TEQ results were 0.33 ng/kg (J) and 0.41 ng/kg (J) which are well below the SLV. Therefore, the PDS for MSUP-01ZL (eastern portion of the 2024 dredge area) are suitable for unconfined aquatic, exposure.

No discrete PDS sample was collected at station MSUP-02ZL (western portion of the 2024 dredge area). Based on the elevated concentrations of 4-methylphenol (338 ug/kg), PCB total Aroclors (90.0 ug/kg), and 2,3,7,8-TCDD TEQ (6.37, 6.88 ng/kg) in the overlying dredge prism composite sample, post-dredge sampling for the three parameters and/or post-dredge surface management is required to confirm its aquatic suitability for unconfined exposure.

Both discrete samples for the remaining PDS (MSUP-03ZL, MSUP-04ZL) have elevated 4-methylphenol above the SEF SL. Discrete sample MSUP-03ZL also had elevated PCB total Aroclors above the ODEQ’s SLV. Discrete sample MSUP-04ZL also had elevated 2,3,7,8-TCDD TEQ (ND = ½ EDL) above the PSET’s 10 times SLV. The post-dredge surface for MSUP-03ZL and MSUP-04ZL are unsuitable for unconfined aquatic exposure and post-dredge surface management is required.

Dredge Prism, Suitability – There were detections and estimated concentrations of analytes above SEF freshwater screening levels and ODEQ’s SLV in the dredge prism. As such, the dredge prism material for MSU Portland is unsuitable for unconfined, aquatic placement per the SEF guidance without further testing.

Post-Dredge Surface, Suitability – There were detections above SEF freshwater screening levels and ODEQ’s SLV on the discrete post-dredge samples MSUP-03ZL and MSUP- 04ZL. As such, the post-dredge surface for the area outside the 2024 dredge footprint is unsuitable for unconfined, aquatic exposure per the SEF guidance. Management of the post-dredge surfaces outside the 2024 dredge area is required per the SEF.

There were no detections or estimated concentrations in the eastern portion of 2024 dredge area (MSUP-01ZL). As such, the post-dredge surface for the eastern portion of 2024 dredge area is suitable for unconfined, aquatic exposure.

There was no PDS sample collected for the western part of the 2024 dredge area (MSUP- 02ZL). However, there were detections and estimated concentrations above SEF freshwater screening levels and ODEQ’s SLVs in the overlying dredge prism composite sample. As such, post-dredge sampling in the western portion of the 2024 dredge area is required for 4-methylphenol, PCB total Aroclors, and 2,3,7,8-TCDD TEQ to confirm its suitability for unconfined aquatic exposure. If elevated concentrations are detected, post-dredge surface management is required.

EPA Cleanup: Under the ROD, the post-dredge surface results did not exceed any site wide RALs or PTW thresholds.

Dredge Prism, suitability – Not required due to upland landfill disposal of dredged materials.

Post-Dredge Surface, suitability – No parameters are above site wide RALs or PTW thresholds for the three discrete PDS samples. Although no PDS sample was collected at station MSUP-02ZL, the dredge prism composite sample had an estimated PCB total Aroclors concentration of 90.0 ug/kg (J) which exceeds the ROD RAL of 75.0 ug/kg.

Therefore, post-dredge sampling for PCB total Aroclors is required. If elevated PCBs are detected, post-dredge surface management of the MSUP-02ZL dredge area is required. EPA Cleanup will also require additional coordination for the composition and testing of the material to be used as cover on the post-dredge surface.

Table 5. Sediment Analytical Summary – Dredge Prism and Post-dredge Surface Composites Samples compared to SEF SLs and ODEQ SLVs.

Decision unit (Sample ID):

Parameter

MSUP-COMP MSUP-ZL

SEF SL1

(SLV)

Grain size: gravel, sand, silt and clay (%) 5.9, 68.2, 23.6, 2.2 3.7, 72.7, 18.8, 5.1 -- Total Solids (%) 67.1 69.3 -- Total Volatile Solids (%) 4.7 4.6 -- Total Organic Carbon (%) 1.50 0.78 -- Metals except below (mg/kg) Detected <SLs J Detected <SLs J varies Nickel 27.0 28.3 26 (47‡)

Total PAHs (ug/kg) 1,560 1,174 17,000 SVOCs except below (ug/kg) Detected, non-detection <SLs J, U See discrete Z-layer results varies 4-Methylphenol 338 See discrete Z-layer results 260

Pesticides (ug/kg) Non-detection <SLs U

See discrete Z-layer results varies

DDD 6.6 310

DDE 3.3 21

DDT 26.1 J 100

PCBs, Total Aroclors (ug/kg) 90.0 J See discrete Z-layer results 110 (22†) TPH (dx/rx) (mg/kg) 25.2 U / 353 25.4 U / 354 340 / 3,600 Butyltins (ug/kg) Detected, non-detection <SLs J, U Non-detection <SLs U varies Dioxins/Furans, (ng/kg)

2,3,7,8-TCDD TEQ (ND = 0) 6.37 J 5.59 J

(5.6†, 10x SLV)

2,3,7,8-TCDD TEQ, (ND = ½ EDL) 6.88 J 6.08 J

BOLD = detection exceeds SEF SL or ODEQ SLV; U = not detected at or above the method reporting limit (MRL) or method detection limit (MDL), MRL reported; J = estimated concentration; † = ODEQ (2007) fish-based freshwater screening level value for PCBs; ‡ = ODEQ (2018) metals background concentration for soil.

Table 6. Sediment Analytical Summary – Discrete Post-dredge Surface compared to SEF SLs, ODEQ’s SLV, and ROD RALs/PTW

Decision unit (Sample ID):

Parameter

MSUP-01ZL MSUP-03ZL MSUP-04ZL

SEF SL1

(SLV)

ROD RAL

Site Wide

ROD PTW

Threshold

Total PAHs (ug/kg) 621 991 5,260 17,000 30,000 -- *cPAHs 94.35 264.5 1,208 -- -- 774,000 Naphthalene 79.8 117 651 -- 140,000 --

SVOCs except below (ug/kg) Detected, non-detections

<SLs J, U Detected, non-detections

<SLs U Detected, non-detections

<SLs U varies -- --

Di-n-octyl phthalate 35.0 U 39.8 U (33.0 U) 42.8 U (38.9 U) 39 -- -- 4-Methylphenol 62.6 342 1,150 260 -- -- Pesticides (ug/kg) Non-detections <SLs U Non-detections <SLs U Non-detections <SLs U varies -- --

DDD 0.664 6.93 0.0996 U 310 -- --

DDE 0.152 2.38 0.0996 U 21 -- --

DDT 0.0984 U 0.775 0.0996 U 100 -- --

*Total DDx 0.816 10.1 0.0996 U -- 160 7,050 PCBs, Total Aroclors (ug/kg) 6.36 J 35.1 14.0 U 110 (22†) 75 200 Dioxins/Furans (ng/kg)

*2,3,7,8-TCDD (0.227 U) 0.230 J (0.277 U) -- 0.6 10

*2,3,7,8-TCDF (0.181 U) (0.181 U) 0.765 J -- -- 600

*1,2,3,7,8-PeCDD (0.258 U) 0.505 J 0.409 J -- 0.8 10 *2,3,4,7,8-PeCDF (0.211 U) 0.704 J 0.551 J -- 200 200 *1,2,3,4,7,8-HxCDF 0.425 J 3.35 J 1.77 J -- -- 400

2,3,7,8-TCDD TEQ (ND = 0) 0.33 J 3.88 J 2.67 J (5.6†, 10x

SLV)

2,3,7,8-TCDD TEQ (ND = ½ EDL) 0.41 J 3.97 J 54.9 J -- --

*Analyses required by EPA for Portland Harbor ROD; BOLD = detection exceeds SEF SL, ODEQ SLV, ROD RAL, or ROD PTW; U = not detected at or above the method reporting limit (MRL) or method detection limit (MDL), MRL reported (MDL in parentheses); J = estimated concentration; † = ODEQ (2007) fish-based freshwater screening level value.

Post-Dredge Surface Management:

The dredging and disposal quality control plan shall detail the post-dredge sampling for the western portion of the 2024 dredge area and management of the post-dredge surface for the area outside the 2024 dredge area. Potential management options may include one or more of the following:

Additional pre-dredge sampling can be coordinated with PSET and EPA Cleanup to refine the post-dredge area requiring management.

Over-excavation by one foot to -13 feet CRD to accommodate placement of 1-foot of clean sand. NOTE: upland disposal of the over-dredge material (-12 ft and below) is required.

Placement of a sand cover up to -12 feet CRD.

Another measure proposed by the USCG.

The selected post-dredge surface management strategy must be pre-coordinated with the PSET and EPA Cleanup prior to submitting the dredging and disposal quality control plan for the pre-dredge conference call. Agency approval of the plan is necessary prior to dredging to ensure it is consistent with this determination and EPA Cleanup’s CERCLA responsibility. Additionally, testing of the sand cover materials may be required per EPA Cleanup (ROD Table 17 riverbank soil/sediment Cleanup Levels).

Contact:

This memorandum was prepared by James Holm (PSET Lead, Corps) and Hunter Young (Remedial Project Manager, EPA Cleanup) and reviewed by the participating PSET agency staff identified above.

Questions regarding the PSET suitability determination should be directed to James Holm at

(503) 808-4963 or e-mail to: James.A.Holm@usace.army.mil.

Questions regarding the EPA Cleanup suitability determination should be directed to Hunter Young at (503) 326-5020 or email to: Young.Hunter@epa.gov.

Figure 1. U.S. Coast Guard’s Marine Safety Unit, Portland proposed DMMU, 2024 dredge areas, contours, and sediment sampling locations (sampled January 2024).

Woods, Kayla A CIV USARMY CENWP (USA)

From: Young, Hunter <Young.Hunter@epa.gov> Sent: Thursday, February 15, 2024 2:58 PM To: Woods, Kayla A CIV USARMY CENWP (USA) Cc: Peterson, Lance Subject: [Non-DoD Source] RE: NWP-2013-172-1; CERCLA COORD REQUEST; Portland Harbor (RM 7.5); U. S.

Coast Guard, Marine Safety Unit Portland, Maintenance Dredging Project; Dredging

Hello Kayla, EPA Cleanup has reviewed the Corps Standard Individual Permit application for the U. S. Coast Guard, MSU, Maintenance Dredging Project. We have the following CERCLA coordination comments.

1. The Permitee shall perform laboratory analyses on imported material intended for the one‐foot sand cap (<100

CY). The results of analytical testing on imported fine‐grained material intended for placement in the Portland

Harbor Superfund Site should include all contaminants that have River Bank Soil/Sediment Cleanup Levels in

Table 17 of the Record of Decision and analytical results should be compared with the applicable Portland

Harbor Cleanup Levels. Earlier in 2020, ROD Table 17 was modified in an errata memorandum that can be found on EPA’s website: https://semspub.epa.gov/work/10/100200076.pdf. The Errata #2 Table 17 supersedes the

ROD Table 17. Appropriate analytical methods should be used to ensure that laboratory reporting levels are below ROD Errata #2 Table 17 Cleanup Levels to allow for a meaningful comparison to the data. If adequate documentation can be provided to EPA Cleanup substantiating that the import material is being sourced from a clean quarry free of anthropogenic inputs, then analytical testing of metals will only be required in lieu of the full list of ROD Table 17 COCs. EPA Cleanup recommends samples be collected at a frequency of one sample per 500 cubic yards of fine‐grained import material. Sample numbers per volume of import material may be adjusted on a site‐specific basis. Tabulated lab data and analytical reports are to be provided within 30 days prior to placement to EPA, Region 10 at young.hunter@epa.gov. Data tabulation should follow Section 6 of the Portland

Harbor Program Data Management Plan which can be found at EPA’s website: http://ph‐public‐ data.com/document/DMP2021/

2. The following are EPA’s recommended Best Management Prac ces regarding barge transport, transload and hauling to the disposal loca on:

Barges will not be filled beyond 24‐inch freeboard and be sealed to prevent leakage

To minimize spillage at the transload facility between…